PNS - A coalition of Montana groups is aiming to put a constitutional amendment on the 2026 ballot to shield judicial elections from partisan influence.
The group, Montanans for Nonpartisan Courts, cites an unprecedented surge of bills in the last two legislative sessions that sought to politicize the bench. Spokesperson Caitie Butler said the goal is to ensure judges are accountable to citizens, not political parties.
"The constitutional initiative that we have submitted is now working through the review process would ensure that judges continue to be elected on a nonpartisan basis at all levels," said Butler, "and therefore are accountable to the citizens of Montana, not politicians, party bosses, or political donors."
Montana has elected judges on a nonpartisan basis since 1935. The proposed initiative would apply to all judicial elections, from the state Supreme Court down to local courts.
Supporters of partisan judicial elections, including some state lawmakers, argue that party labels provide voters with clearer information about a judicial candidate's philosophy and create more accountability.
Butler argued that introducing partisanship and the potential for large political donations into judicial races could undermine the impartiality of the courts. She said everyday Montanans want judges who interpret the law based on the constitution, not a party platform.
"We don't think that Montana voters want judges that are coming at the law through the lens of a political party," said Butler. "We want judges that are looking at the Constitution only and don't have that kind of bias."
The proposed amendment would also prevent the legislature from creating new courts that are not elected on a nonpartisan basis.
The initiative is currently undergoing a government review process by the Secretary of State and Attorney General. The campaign must then gather tens of thousands of signatures from across the state to qualify for the November 2026 ballot.
A second group, Montanans for Fair and Impartial Judges, has also launched an initiative focused specifically on keeping state Supreme Court races nonpartisan.
